Jami Tirmidhi

JAMI TIRMIDHI
KITAB UL FARAIDH
NOTES AND EXPLANATION MUHAMMAD NABEEL MUSHARRAF
AUSTRALIAN ISLAMIC LIBRARY

(www.australianislamiclibrary.org)
Jami Tirmidhi Kitab ul Faraidh
KITAB UL FARAIDH JAMI TIRMIDHI

Comments and notes: Muhammad Nabeel Musharraf
This document is prepared by: Australian Islamic Library (2-Jan-2017)
CONTENTS
INTRODUCTION: ............................................................................................................................... 2
ABOUT THIS BOOKLET: ......................................................................................................... 2
WHO IS THIS BOOKLET FOR: ............................................................................................... 2
Stay tuned for our upcoming book (InshaAllah): ................................................................. 2
ABOUT THE SUBJECT: ............................................................................................................ 2
ACKNOWLEDGEMENTS AND SOURCES: ................................................................................... 3
RECOMMENDED TEXTS TO STUDY WITH THIS BOOK:.......................................................... 4
A SINCERE REQUEST: ....................................................................................................................... 4
EXPLANATION OF AHADITH: ....................................................................................................... 5
A DUA AND AN EXPRESSION OF OUR FEELINGS ................................................................. 28
Australian Islamic Library (www.australianislamiclibrary.org) | 1
INTRODUCTION:
ABOUT THIS BOOKLET:
-
This document is a part of a bigger project that is aimed at integrating all the ahadith
on the topic of Ilm ul Faraidh (Islamic laws of inheritance) and summarizing the
rulings derived from them.
This document is neither intended to cover all the details regarding Ilm ul Faraidh nor
meant to be sufficient on its own. Accordingly, we have not defined many of the
terms used in this booklet. However, they will be adequately explained in the
complete book (inshaAllah).
WHO IS THIS BOOKLET FOR:

-
The English language commentaries for Jami Tirmidhi are not very common. It
leaves students with very limited options if they do not have a grip on Arabic or
another language. In order to bridge this gap, we have prepared this commentary
which incorporate explanations from various sources.
Stay tuned for our upcoming book (InshaAllah):

As mentioned above, this booklet is a part of the bigger project a comprehensive book
on Ilm ul Faraidh. The book is being written with the following objectives:
-
Providing a clear explanation of the verses from the Quran, relevant ahadith, and the
practices of the companions with regard to the distribution of inheritance (and laws
driven from these)
Presenting a detailed overview of the extensions to the law made by the fuqaha with
regards to the situations not seen till the time of the companions and where they
agree or differ with each other
Introducing a VERY EASY approach towards calculating the shares of inheritance
Presenting a comparative review of inheritance laws in various religions
Providing an overview of relevant legislative aspects in selected countries
Publisher: Australian Islamic Library (InshaAllah)
ABOUT THE SUBJECT:

Faraidh ( )is the plural of the word Faridhah ( )which means to fix, or what has been
made obligatory.
In legal terminology, Faraidh is that section of the Islamic law that deals with the distribution
of the estate of a deceased person among his heirs in accordance with what has made
mandatory by Allah SWT through the injunctions in the Holy Quran and prophetic
traditions (Sunnah) of the Messenger of Allah .

This definition is proven from the prophetic traditions. For example, consider the following
hadith (Jame Tirmidhi Book 29, Hadith 2243; Grade: Sahih).

to those who are entitled to them. As for what remains,
"Give the shares of inheritance (
)
then it is for the closet male relative.'
The noble scholars of Islam have also used the word Faraidh to represent the matters
related to inheritance. We see chapters dedicated to Al-Faraidh in the major hadith
collections, including (Sahih Bukhari, Shahih Muslim, Sunan Abu Dawud, Al-Muwatta and
others).
In accordance with above, Ilm ul Faraidh can be defined as that branch of sacred knowledge
which deals with the study of Faraidh. The subject can be defined as below.

Knowledge of those principles of jurisprudence and calculations with which the share of
each heir can be determined from the tarkah (the inheritance left over by the deceased).
A more elaborate definition is provided below:
This is the knowledge of the rules and cases of jurisprudence (fiqh) which, if
known, will enable the person to be informed of (1) the legal heirs of the
deceased ( ) and (2) the legal principles of how to
determine the shares of their inheritance from what is left over by the deceased
i.e. tarkah () .
This field of study is also known as Ilm ul Meerath or Ilm ul Mawarith (plural of Meerath).
ACKNOWLEDGEMENTS AND SOURCES:

In compiling this document, following sources have been used:
-
Typewritten Arabic text and translation from Sunnah.com (sourced from Dar us
Salam) Caution: Some errors or ambiguous sentence structures are found in the translation
available from Dar us Salam e.g. Hadith no. 2237.
Commentary by Abu Khaleel (Dar us Salam)

Commentary by Mufti Tariq Mahmood (Maktabah Sheikh ul Hind)
Commentary by Maulana Nazim ud Din (Maktabah Al-Ilm)
Other commentaries of Jami Tirmidhi and Sahih Muslim
RECOMMENDED TEXTS TO STUDY WITH THIS BOOK:

-
Arabic: Al-Sitraji Fi Meerath (Classical text)

English: How to Calculate Inheritance: A Simple Approach (Author: Shakeel Ahmad
Khan)
Urdu: Fahm e Meerath ki Asan Rahain (Author: Mufti Imtiaz Khan Jadoon)
A huge collection of books on this subject can be found at Australian Islamic Librarys
website, under the section of Fiqh.
Website Address: http://www.australianislamiclibrary.org/fiqh1.html
A SINCERE REQUEST:
We have tried our best to avoid any mistakes in this book in terms of interpretations,
language, and expression. However, we accept our weakness and request you to highlight
any mistakes to us so that they can be corrected.
EXPLANATION OF AHADITH:
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2233 (Grade: Hasan)
:

"
"

.

.

.

Translation:
Abu Hurairah R.A. narrated thatthe Messenger of Allah said:
"Whoever leaves wealth, then it isfor his heirs, and whoever leavespoor dependants then it
(theresponsibility) is for me."
Abu 'Eisa said: This Hadith is Hasan Saheeh. Az-Zuhri reported it longer and more
complete than this from Abu Salamah from Abu Hurairah from the Prophet .
There are other narrations on this topic from Jabir and Anas, and the wording " "means
'wretched', i.e. a person who has nothing. For such a person, the prophet said that the
responsibility in such a case to take responsibility and spend on them lies with the prophet
.
Key points:
-
The state is responsible for assisting the poor who are not able to cater for their needs
and do not receive much in inheritance
If the legal heirs are available, the state does not forcefully acquire the estate
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2234-2235 (Grade: Daif)
:

"
.
. "
Translation:
Abu Hurairah narrated that the Messenger of Allah said: "Learn the laws of inheritance
and the Qur'an, and teach the people, for I am a mortal." (Daif)
Abu Eisa said: There is Idtirab (i.e. a type of weakness in which the hadith is narrated in
different wording by different narrators) in this Hadith.
Note:
The hadith Hadith 2235 in Book 29 of Jami At-Tirmidhi explains further insights about the
weakness of this hadith and explain that the narrator Muhammad bin Qasim Al-Asadi is
graded as weak by Imam Ahmed Ibn Hanbal and other Muhaditheen.
Key points:
-
It is important to learn and teach the laws of inheritance
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2236 (Grade: Daif)
:

. "
"

"

. "

.

Translation:
"The wife of Sa'd bin Ar-Rabie came with her two daughters from Sa'd to the Messenger of
Allah and said: O Messenger of Allah !These two are daughters of Sa'd bin Ar-Rabi who
fought along with you on the day of Uhud and was martyred. Their uncle took their wealth,
without leaving any wealth for them, and they will not be married unless they have wealth.
He said: 'Allah will decide on that matter. The ayah about inheritance was revealed.
So the Messenger of Allah sent (the command) to their uncle saying: Give the two
daughters of Sa'd two thirds, and give their mother one eighth, and whatever remains, then
it is for you.'
Key points:
-
If there are two daughters, they will receive 2/3rd in the estate. This is in case there is
no son.
In case, there are daughters, wife receives 1/8th of the estate.
The uncle (fathers brother) becomes the residual heir in such a case.
For example, his share in this case was as follows:
1 (full estate) share of daughters (2/3) share of wife (1/8) = 1/8
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2237 (Grade: Sahih)
:

.
.

Translation:
A man came to Abu Musa and Salman bin Rabiah and asked them about
-
a daughter () ,
a son's daughter (
) , and a

-

a haqeeqi sister (
)
So they said: For the daughter is half, for the haqeeqi sister is what remains.' And they said to
him: Go to Abdullah (bin Masud) and ask him, for surely he will concur with us.'
So he went to 'Abdullah mentioning that to him and informing him what they had said.
'Abdulah said: 'If I give such a ruling, then I would have erred and not been among the
rightly-guided (on the matter). Rather, I will judge as the Messenger of Allah judged:
-
For the daughter is half,

For the son's daughter a sixth, totalling two-thirds [when considered in combination
with the share of daughters] and
For the sister is what remains.
[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Abu Qais Al-AwdI's (a narrator) name is 'AbdurRahman bin Tharwan Al-Kufi. Shu'bah also
reported from Abu Qais.
Key points:
-
It is explained about this hadith that the opinion of Abu Musa and Salman bin
Rabiah was apparently based on the following nusoos (injunctions from the book and
the sunnah):
o Firstly, the share of the daughter (if she is the only one among the offsprings
of the deceased) is half
o Secondly, it is mentioned in the ayah about kalalah, that if a person dies
without any offsprings ( )and has a sister, than the sister gets the half. It is
possible that these companions would have considered the meaning walad to
be male offsprings only (as it was commonly used in Arabic proverbs at that
time)
o Thirdly, there is no prescribed share for the granddaughters in the Quran.
These companions made their ijtihad based on the Quran. However, when they came
to know about the Sunnah in this regard through Abdullah Ibn Masood R.A. (who
they considered more knowledgeable about this aspect than themselves, as evident
from the text of the hadith), they changed their opinion and aligned it with the
Sunnah of the messenger of Allah ( based on explanations provided in Tuhfa tul
Ahwadhi and Mirqat ul Mafateeh).
We learn about the following shares from this hadith:

o If there is only one daughter, she gets 1/2.
o The granddaughter(s) from sons side (in the absence of grandson), gets 1/6
(so that her share combined with the daughters becomes 2/3).
o The sister becomes the residual heir in such a case.
.
Hadith Reference:

:

( :

Translation:

Al-Harith narrated that 'Ali said: You recite this Ayah:
[and

misunderstand it that the wassiyah has to be paid before the debt]. And the Messenger of
Allah indeed judged the debt before the will, and that the children (sons and daughters)
from the same mother and father inherit [from each other], not the sons from various
mothers. The man inherits from his brother from his father, and his mother, [and] not his
brother from his father."
Another narration also conveys the same meaning.
Key points:
-
Debts are to be settled before the distribution of the estate according to the wassiyyah
(if it meets the associated legal requirements)
Children from same father and mother inherit from each other
Children from a different father or mother do not inherit from each other [in the
presence of children from the same mother and father]
.
Hadith Reference:
:

.
.

.

Translation:
The Messenger of Allah judged that the children (sons and daughters) from the same
mother and father inherit, not the sons from various mothers.'
[Abu 'Eisa said:] We do not know of this Hadith except through the narration of Abu Isbaq

from Al-Harith, from 'Ali [i.e. that is the only source of transmission we have at that point].
Some of the
people of knowledge have criticized Al-Harith [and accordingly this hadith is classified as
Hasan and not Sahih]. This Hadith has been acted upon according to the people of
knowledge [in general].
Key points:
-
Children from same father and mother [haqeeqi siblings] inherit from each other
Children from a different father or mother do not inherit from each other in the
presence of haqeeqi siblings.
Note:
In the terminology of Ilm Al Faraidh, the children or offsprings can be divided in
three categories:
Same mother,different
father
Born from the same mother

but a different father
Akhyafi
Same father different

mother
Born from the same

father and mother:
Haqeeqi
Born from the same father

but a different mother
Allati
Hadith Reference:
:

( :

.

.
. )
Translation:
Jabir Ibn Abdullah R.A. said that the Messenger of Allah came to visit me while I was ill at

Banu Salamah. I said: 'O Prophet of Allah !How shall I divide my wealth among my
children?' But he did not say anything to me [regarding the exact share], until the following
was revealed: Allah commands you regarding your children's (inheritance):

(i.e., to the male, a portion equal to that of two females.)
[Abu 'Eisa said:] This Hadith is Hasan Sahih. [Shu'bah and] Ibn 'Uyainah and others
reported it from Muhammad bin Al-Munkadir, from Jabir, may Allah be pleased with him.
Key points:
-
It is important to explain here that the ayah of Surah An-Nisa (Quran 4:11) mentioned
in this hadith (as revealed in relation Jabir R.A.s situation) is also reported to have
been revealed regarding the situation of the daughters of Saad Ibn Rabi (e.g. Sunan
Abi Dawud 2891 Hasan). Moreover, in some narrations, it is mentioned that the
ayah revealed in this situation was that of Kalalah rather than the one mentioned in
this hadith (e.g. Book 29, Hadith 2242 Saheeh). The mohaditheen have given two
explanations regarding this. Hafiz Ibn Hajar A-Asqalani explain that the wording
known from Jabir R.A. is that ayah of inheritance was revealed for his situation
with no further specific about which ayah. Imam Ibn Hajar explains that the
specification about one of the two ayahs is attributed to the interpreters and
transmitters1. According to the second opinion, both the ayahs ere revealed in his
case2; however, what was closely relevant to his case was the ayah about the kalalah.
This narration is different from a number of other narrations about this event (in
Saheeh Bukhari3, Saheeh Muslim4, Sunan Abu Dawud5, and Sunan Ibn Majah6) due
to the following reason. Some of the relevant narrations mention about Jabir R.A.s
sisters7 [where their share in inheritance was the consideration]. However, the
wording in this narration seems to be unique in a way that in this he is reported to
have asked about how to distribute his wealth among his offsprings (which he did
not have any). We can accordingly consider the wording of other narrations to be
more accurate as opposed to the wording of this single narration (which is classified
This is applicable for both the narrations about this event in Saheeh Buhari (No. 6723 and 6743)
This opinion is supported by Hadith 2832in Sunan Ibn Majah which mentions both the narrations
for this event.
3 Sahih al-Bukhari 6723
4 Sahih Muslim 1616
5 Sunan Abi Dawud 2886, Sunan Abi Dawud 2887
6 Hadith 2832
7 Sahih al-Bukhari 6743, Hadith 2242
1
2

as Hasan and not Saheeh). This opinion is further strengthened by the observation
that in other narrations, we observe that the transmitters are unsure about the exact
wording. For example, consider the wording below from a report:

8

Hadith Reference:
:

( :

.
.
.
)

Translation:
"I was ill, so the Messenger of Allah came to visit me and found me unconscious. He came
walking, while Abu Bakr and 'Umar were with him. The Messenger of Allah performed
Wudu, then poured the remaining water on me, so I came to my senses. I said: 'O Messenger
of Allah !How shall I dispose off my wealth?' - or - 'What shall I do with my wealth?' He
did not reply anything to me [at that time]. He [i.e. Jabir R.A.] had nine sisters. [The prophet
did not reply] "until the Ayah about the inheritance was revealed:

They ask you for a legal verdict. Say: "Allah directs (thus) about Al-Kalalah."
Jabir R.A. said: "It was revealed regarding me."
Key points:
-
The guidelines about the matters of inheritance about the kalalah are available in the
verse pointed out in this hadith. Kalalah is defined as someone who neither has
ascendants nor descendants (as interpreted by the mohaditheen9).
The Qur'anic Verse makes it clear that if a person dies and leaves behind neither
parents nor children, but a single (real) sister, then the sister shall inherit half of his
wealth. In case the sisters are more than one, they shall get a share of two-third of his
wealth. If there is a brother in addition to the sister as well, the brother shall get twice
8
9
Jami Tirmidhi - Book 29, Hadith 2242

Sunan Abi Dawud 2889

as much as the sister (however, in this case, the shares per head will subsequently
reduce).
Hadith Reference:
:

"
"
Translation:
"Give the shares of inheritance to those who are entitled to them. As for what remains, then
it is for the closest male relative.'
Key points:
-
The hadith points out the presence of residual heirs
The hadith also establishes the basis of priority in male residual heirs based on the
closeness of their relationship with the deceased.
It is also pointed out that from among the residual heirs, the closest male relative gets
the residual share. So there has to be a level of prioritization among the residual heirs
and it is not expected that the residual estate would be distributed among them
equally or in some proportion. The closest relative blocks all others after him from
receiving any shares from the inheritance.
Hadith Reference:
:

" . " " . "
"

. . "
Translation:
A man came to the Prophet and said: 'My son died, so what do I inherit from him?'
He said: 'For you is a sixth.' When he turned to leave,he called him and said: 'For you is
another sixth.' So when he turned to leave , he called him saying: 'The last sixth is
consumable for you.'

Key points:
-
In the explanation of this hadith, the Muhaditheen explain that the first 1/6 was the
right of the grandfather as one of the Zawil Furoodh (i.e those whose shares have been
specifically explained). The second 1/6 was as an Asaba (i.e. the residual heir), as in
this case, the deceased had two daughters (who received 2/3rd) and he had no sons.
The two shares (of 1/6 each) were given to him with a gap to ensure that people do
not think that the right of father is 1/3 (whereas 1/3 in this case was because of two
separate one sixths.)
Hadith Reference:
:

.
.

. .

.

Translation:
A grandmother - the mother of a mother, or the mother of a father - came to Abu Bakr and
she said: 'a son of my son' - or, 'a son of my daughter died, and I have been informed that
there is a right (from the wealth) for me in the Book.' So Abu Bakr said: 'I do not find that
there is a right for you in the Book, and I haven't heard that the Messenger of Allah judged
anything for you [regarding such a matter]. I shall ask the people.' So, Al-Mughirah bin
Shu'bah testified that the Messenger of Allah gave her (case) a sixth. He said: 'And who
heard that along with you?' He said: 'Muhammad bin Maslamah." He said: "So he gave her a
sixth. Then the other grandmother who was left behind came to 'Umar." Sufyan said: "And
Ma'mar said to me, in addition, from Az-Zuhri - and I do not remember it to be from AZuhri, rather I remember it to be from Ma'mar - that 'Umar said: 'If the two of you are [alive]
together [at the time of distribution of the estate] then it is for both of you, and whichever of
you is alone with it (the sixth), then it is for her.'
Key points:
-
Paternal and maternal grandmothers are entitled to 1/6th of the estate. If both of

them are alive, then they share it among them. If not, whoever is alive, she takes all
of the 1/6th.
Hadith Reference:
:
Translation:
A grandmother came to Abu Bakr to ask him about her inheritance. He said to her, 'There is
nothing for you in the Book of Allah and there is nothing for you in the Sunnah of the
Messenger of Allah . So ,return until I ask the people. So he asked the people and AlMughirah bin Shu'bah said: 'I was present when the Messenger of Allah gave her (case) a
sixth.' So he said: 'Was anyone else with you?' Muhammad bin Maslamah stood to say the
same as what Al-Mughirah bin Shu'bah said. So Abu Bakr implemented that for her." Then
the other grandmother came to 'Umar bin Al-Khattab to ask him about her inheritance. He
said: 'There is nothing in the Book of Allah for you, but there is that sixth. So if the two of
you are together then it is for both of you, and whichever of you remains), then it is for her.'"
Key points:
-
Paternal and maternal grandmothers are entitled to 1/6th of the estate. If both of
them are alive, then they share it among them. If not, whoever is alive, she takes all
of the 1/6th.
Hadith Reference:
:

.

- .

Translation:
The Messenger of Allah gave the first grandmother, along with her son, a sixth for them to
consume while her son was living.
[Abu 'Eisa said:] We do not know of this hadith to be Marfu' except through this route. Some
of the Companions of the Prophet gave the grandmother, along with her son inheritance,
and some of them did not give her inheritance.
Key points:
-
In the opinion of Ibn Mas'ud, 'Umar, and Abu Musa Ash'ari, even in the presence of
the deceased person's father, the grandmother would be the recipient of inheritance.
Qadi Shuraih, Hasan and Ibn Sirin concur with this opinion.
Uthman, 'Ali, and Zaid bin Thabit , however, are of the view that in the given
situation [i.e. when the father of the deceased is alive], the grandmother would not
get anything from the deceased person's wealth. Imam Ishaq and Ahmad Ibn Hanbal
concur with Ibn Mas'ud's position while Imam Shfi'i, Ath-Thawri, Al-Awza'i are in
agreement with the view held by 'Uthman .
The opinion of the majority of the fuqaha in this regard is that in the presence of
father of the deceased, grandmother would not inherit. They present the following
reasons for their opinion:
This is a daif hadith and cannot be used for formulating a ruling
It may be possible that the father of the deceased would have been ineligible
to receive inheritance (e.g. a non-believer, a murderer, a slave etc.)
The share that is mentioned in this hadith could be out of mutual agreement
and as an Ihsan (which is allowed if all heirs agree on terms and amounts of
distribution)
This reference could be for maternal grandmother (as the same word is used
for both the grandmothers) and she could have been given the inheritance in
the presence of her son.
Hadith Reference:
:

"

.

.

. "

Translation:
" 'Umar bin Al-Khattab sent me with a letter to Abu'Ubaidah (saying) that The Messenger of
Allah(S.A.W) said : 'Allah and His Messenger are responsible for the one who has no patron.
And the maternal uncle inherits from the one who has no heirs.'"
Key points:
-
According to this hadith, maternal uncles belong to a group of heirs called zawil
Arham. This group neither has prescribed shares (unlike Zawil Furoodh) nor do they
become a residual heirs (unlilke Asabah). This group can only receive shares in
inheritance when zawil furoodh and asaba are not alive or are not illegible to become
heirs (as highlighted in this hadith).
Hadith Reference:
:

"

. "

Translation:
" 'Umar bin Al-Khattab sent me with a letter to Abu'Ubaidah (saying) that The Messenger of
Allah(S.A.W) said : 'Allah and His Messenger are responsible for the one who has no patron.
And the maternal uncle inherits from the one who has no heirs.'"
Key points:
-
This hadith, though it has a few weaknesses in some of the chains of transmission,
also reinforces the point mentioned in the previous hadith, i.e. maternal uncles )who
belong to zawil arham) inherit when zawil furoodh and asaba are not present or none of
them is eligible.
With regards to the inclusion of maternal aunt and paternal aunt in the zawil arham,

a difference of opinion existed among the companions. Some of them gave shares to
maternal uncle, maternal aunt, and paternal aunt, while Zaid Ibn Thabit R.A. is
reported to have sent the shares in such a case to the bayt ul Maal.
-
Among the four schools of thought, hanafis and hanbalis consider zawil arham to be
the heirs whereas shafiis and malikis do not consider them to be the heirs.
Those who consider zawil arham to be the heirs cite the following to support their
opinion:
Maternal Uncle is defined as a heir in various ahadith. He is neither among the

zawil furoodh nor from the asaba. This shows that zawil arham can inherit.
It is mentioned in Surah Anfal, verse 75 that according to the Book of Allah

the blood relatives (Oolil Arham) have greater rights on one other. These
relatives are not distinguished between those for whom shares have been
prescribed and those for whom they are not.
It is also found in a hadith where the inheritance was given to the nephew
who is neigther among zawil furoodh nor among the asaba. This, accordingly,
also indicates that a third category of heirs does exist (which is classified by
scholars as zawil arham).
Hadith Reference:
:

"

" . . "

. "
.
Translation:
'Aishah narrated that a freed slave of the Prophet fell from foilage on a date-palm and
died. So the Prophet said: "See if he has any heirs." They said: "No." He said: "Pay it to
someone among the people of the town."
Key points:
-
Those who free the slaves can inherit from them in certain cases (Al-Mughni, v.9,
p.215). But as the Prophets of Allah do not inherit any money or wealth from anyone,
the Messenger of Allah took nothing from whatever was left behind by his freed

slave, and asked it to be given to some needy person around.
-
This hadith also explains that in similar situations, the estate has to go to the needy
people of ones town.
Hadith Reference:
:

.

Translation:
Ibn 'Abbas R.A. narrated that a man died during the time of the Messenger of Allah and
he did not leave any heirs except for a slave that he had freed. So the Prophet gave him his
inheritance. [Abu 'Elsa said:] This Hadlth is Hasan. What is acted upon regarding this topic according to the people of knowledge - is that when a man dies and he leaves no relatives
behind, then his inheritance is placed into the Muslims' Bayt Al-Mal.
Key points:
-
Qadi Shuraih and Tawus hold the view that, if the master has not left behind any
heir except for a slave whom he had freed, then the freed slave will get his
inheritance just as the master inherits the freed slave, if the latter leaves behind no
heirs. But the view of the majority of the fuqaha is that in such a case the inheritance
shall go to Bait Al-Maal (public treasury of a Muslim state), as explained in Tuhfat AlAhwadhi. The ulema who recommend for the estate to be deposited in the bayt al maal
(in such a situation) explain that for the cases such as the one mentioned in this
hadith, the freed slave was given a share in inheritance because he was needy and
deserving.
It can be said that the needy and the poor who are closer to the deceased should be
considered first at the time of distribution of estate. In another situation (as
mentioned in the previous hadith i.e. Jami At-Tirmidhi Book 29, Hadith 2251),
when the deceased did not leave any heirs (nor a deserving free slave), the estate was
distributed to the people of the town of the deceased as they were deserving and
closer to the deceased.

As the issues of slaves is no more applicable in todays age, it is beyond the scope of
this explanation to elaborate the reasons behind these opinions.
Hadith Reference:
)Jami At-Tirmidhi Book 29, Hadith 2253 (Grade: Saheeh
:

" .

"
.
.

.
" .

"

Translation:
said: "The Muslim does not inherit Usamah bin Zaid narrated that the Messenger of Allah
]from the disbeliever, nor the disbeliever from the Muslim. " [Sahih
(The rest of the discussion in the text about this hadith deals with various chains which is
)beyond the scope of the current topic.
Key points:
We learn from this hadith that the Muslims and non-Muslims cannot inherit from
each other. This aspect is further explained with the next hadith.
Hadith Reference:
)Jami At-Tirmidhi Book 29, Hadith 2254 (Grade: Saheeh
:

" .
"

Translation:
" The people of two religions do not inherit from each other." This hadith is ghareeb and we

do not know of it from Jabir except through the narration of Abi Laila.
Key points:
-
People from any Millah (Arabic: - a group following the same religion or a
group that is considered to be one entity based on some aspect) inherit only from
their own millah or group. Many of the jurists and scholars from the shafiis, hanafis,
and hanbalis consider the disbelievers to be one group and say that .
Therefore, according to them, all disbelievers can inherit from each other irrespective
of their religion as they are one millah because of kufr which is a common factor
among them). This is the explanation provided by Imam Ibn Al Hajr Asqalani n Fath
ul Bari. However, the view of Imam Malik is that and he accordingly
considers each religion to be a separate millah. By this interpretation, Jews and
Christians (and people of other faiths) cannot inherit from each other, but only from
the people of their own faith.
In modern days, those who do not adhere to any faith can also be considered a millah
and can be treated as a separate millah.
With regards to apostates ( ), it is an ijma of the fuqaha that they do not inherit
from the Muslims. However, there is a difference of opinion regarding if Muslims
can receive the inheritance from the apostates. Imam Malik and many other scholars
believe that the Muslims do not inherit from the apostates. However, Hanafis (and
some other fuqaha) rule that the wealth that the apostates acquire during their time as
Muslims would be inherited whereas that which they acquired after irtidad
(becoming apostate) will not be inherited by Muslims.
Hadith Reference:
:

"

. "
.

.

.
.
Translation:
Aba Hurairah R.A. narrated that the Prophet said: "The murderer will not inherit." [Abu

'Elsa said:] This Hadith is not saheeh [however, this ruling is known to us from a number of
other narrations as well]. This is not known except through this route. Ishaq bin 'Abdullah
bin Abl Farwah was abandoned by some of the people of knowledge, among them [Imam]
Ahmad bin Hanbal. This is acted upon according to the people of knowledge, the murderer
will not inherit whether the murder was a mistake or on purpose. Some of them said that if
the murder was a mistake, then he inherits, and this is the view of [Imam] Malik.
Key points:
-
Scholars of religion are unanimous in their view that an intentional murderer will
not inherit from the victim. Similarly, most of the scholars hold the view that even
the person responsible for manslaughter will not inherit from the victim.
However, a different opinion exists regarding un-intentional murder. We are quoting

an explanation from Mufti Muhammad ibn Adam (Darul Iftaa, Leicester , UK) to
further clarify this aspect:
Not every type of killing or causing of death is a hindrance to
inheritance; rather, there is some detail in this regard. It is stated in the
renowned Hanafi Fiqh reference work, Al-Fatawa al-Hindiyya: One who
kills unjustly does not inherit anything from [the estate of] the one killed
according to us, whether he killed him deliberately or accidently (AlFatawa al-Hindiyya, 6/454).
It is further explained, as a principle, that a killing which in-of-itself
necessitates the law of retaliation (qisas) or expiation (kaffara) is
considered direct killing, hence a hindrance from inheritance. However,
a killing which in-of-itself does not necessitate the law of retaliation
(qisas) or expiation (kaffara) is considered indirect killing, hence it will
not be a hindrance from inheritance.
The law of retaliation (qisas) or expiation (kaffara) are necessitated in the
following three ways. As such, a killer does not inherit from his victim if
he:
a) Intentionally kills his victim with a tool/weapon that would
normally kill, such as a gun, sharp knife, sword, or a heavy sharp
rock (qatl amad).
b) Intentionally kills his victim with a tool that normally is not used to
kill someone but it killed his victim nevertheless, such as a stick,

small stone or strangling (qatl shibh amad). [m: Intentionally running
someone over with a car and killing them would also fall under this
category].
c) Mistakenly kills his victim, such as, in a hunting session, trying to
shoot an animal, he mistakenly killed his victim (qatl khata). [m:
Mistakenly running someone over with a car and killing them would
fall under this category].
If the above three types of killing took place at the hands of a mature
(baligh) and sane person, then he will be deprived of inheritance from the
estate of his victim. However, if death was caused in other than the
above three ways, i.e. it was indirect, then the killer will inherit from his
victims estate.
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2256 (Grade: Saheeh)
:
.

.
.
Translation:
'Umar said: 'The blood-money is upon the 'Aqilah, and the wife does not inherit anything
from the blood-money of her husband.' So Ad-Dahhak bin Sufyan Al-Kilabi informed him
that the Messenger of Allah wrote to him, [saying] to give the wife of Ashyam Ad-Dababi
the inheritance from her husband's blood-money.'
Key points:
-
Umer R.A. initially thought that the widows do not receive inheritance from the
blood-money of their husbands. However, after knowing the information mentioned
in this hadith, he changed his opinions. Now the fuqaha unanimously agree that the
deceased wife shall be the inheritor of her husband's blood-money.
The term Aqilah in this hadith refers to the members of a clan from the father's side
that are responsible for the payment of blood-money on behalf of the murderer.
However, according to a decision by Umer R.A., it is understood that other entities

link the individuals to each other and assist their members can also be considered as
Aqilah. The wisdom behind making the Aqilah give the blood-money is that they can
groom their people in a way that they refrain from killing.
Hadith Reference:
Jami At-Tirmidhi Book 29, Hadith 2257 (Grade: Saheeh)
:
.

Translation:
The Messenger of Allah judged in the case of a woman's fetus from Banu Libyan which
miscarried [because of a stone being hurled at her by another women] the a Gurrah male or
female slave be given to her. Then the woman about whom the Ghurah was judged Gurrah
herself died. So the Messenger of Allah judged that her inheritance was for her children
and her husband, and that her blood-money was on her 'Asabah.
Key points:
-
Giving a Ghurah slave in payment to the lady who had a miscarriage was prescribed
for the lady whose act resulted in the death of the fetus. This was to be paid by her
asaba.
Regarding rest of the hadith, there are various interpretations, as summarized below.
o
The women who had a miscarriage also died herself later on. In this case, her
inheritance was given to her heirs. Whereas, Asaba of the women whose
action resulted in the murder had to pay the blood-money.
According to a different interpretation, the lady whose action resulted in

miscarriage and who was required to pay the Ghurah died later on. In this
case, her inheritance went to her heirs rather than the Asaba who were
responsible for paying the blood-money on her behalf.
In either case, we know that Asaba are required to pay the blood-money, however, if
there are any heirs because of them, there are no residuary shares of inheritance,
Asaba do not receive any share (as in this case).

-
As slaves do not exist any more, scholars have recommended that 1/20 of the whole
diyyah be paid by some whose action results in the death of fetus of any women.
Scholars have mentioned this amount to be 500 Dirhams.
Hadith Reference:
:

. "
"

. " "

Translation:
It is narrated from Tamim Ad-Dar R.A. who said: "I asked the Messenger of Allah ' What is
the Sunnah regarding a man among the people of who accepts Islam at the hand of a man
among the Muslims?' So the if Messenger of Allah said: 'He is the closest of the people to
him in his life and his death.'" (Hasan)
Key points:
-
Most of the scholars believe that Wala (proximity or relationship established)

referred to in this narration, generates cooperation and help, but not the right to
inherit. This is the view held by Hasan, Sha'bl, Malik and most of the fuqaha.
Hadith Reference:
:

"

. "

.
Translation:

The messenger of Allah said: "Any man who fornicates with a free woman, or a slave
woman, then the child born from Zina does not inherit, nor is it inherited from." (Hasan)
Key points:
-
Inheritance between the father and his children is established through lineage. No
such relationship is established or recognized between the fornicator and his
illegitimate child in Islam. As such, neither of them can inherit from the other.
It is important to understand here that this ruling is regarding the child born out of
Zina and his or her biological father. Neither father (and his relatives) nor the child
born out of Zina (and his or her heirs) inherit from each other. Scholars explain that
this remains the case even if the fornicator marries the women with whom he did
Zina that led to the birth of the child.
However, the child and his or her mother can inherit from each other.
It is also important to clarify here that the child born out of wedlock, like every other
child, he or she is born sinless; it does not carry the stigma of the sin of the father or
mother or both. A basic principle in Islamic justice is that no one bears the blame for
anothers fault. A child born as a result of an illegitimate relationship suffers no
adverse discrimination on account of his parents sin.
Hadith Reference:
:

. "

"

Translation:
The Messenger of Allah said: "The one who inherits the Wala is the one who inherits the
wealth."
Key points:
-
If a freed slave meets his death and leaves behind neither heirs nor 'Asabah, then his
inheritance shall go to the one who sets the slave free (if he or she is alive) or his or
her progeny (if he or she is not alive and if the progency consists of those who fall
under the category of asaba bi-nafsihi and are males).

Hadith Reference:
:

. "

"

Translation:
The Messenger of Allah said: "The woman collects three inheritance: Whomever she freed,
whomever she found, and the child for which she made Li'an."
Key points:
-
There are three cases mentioned in this hadith.

o
In the first case, according to the majority of the companions and jurists, if a
woman frees a slave and he dies without leaving behind any legal heir or
'Asabah, then the woman shall inherit from him.
About the second case, there is a difference of opinion. According to Imam

Ishaq Ibn Rahwayh, if a woman found an abandoned child and raises him or
her, she becomes an heir. However, most of the scholars do not consider such
a woman to be the heir as this is a daif narration and there are other ahadith
which apparently go against this opinion. According to another opinion, the
woman in this case does not become an heir without conditions. However, if
there are no other heirs of such a child, then the woman has a higher right on
his or her property than other Muslims (if she meets the relevant conditions).
This is the opinion of Qadhi Ayaz.
In the third case, if a father disowns the child through lian, then the ties of
inheritance between the child and that man break; however, the mother in
this case remains to be a heir.
A DUA AND AN EXPRESSION OF OUR FEELINGS
Ya Allah! Ya Rabbana!
We are doing this effort only to acquire your pleasure

And to get closer to you and be among those who you love
And to gain companionship of your beloved messenger in the hereafter.
Ya Allah! Bless us with what we are looking for.
We accept all our weaknesses, shortcomings, and Mistakes.

And acknowledge all your attributes and love you have for us
Which is our hope in this world and the next.
Ya Rabbana! Forgive us. Forgive us. Forgive us.

For we are dependant on You and You are our only hope.
Forgive us. And make us among the ones You love.
And not among those who go astray and lead others to go astray.

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AUSTRALIAN ISLAMIC LIBRARY

Jami Tirmidhi Kitab ul Faraidh

KITAB UL FARAIDH JAMI TIRMIDHI

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Jami Tirmidhi Kitab ul Faraidh

WHO IS THIS BOOKLET FOR:

Stay tuned for our upcoming book (InshaAllah):

ABOUT THE SUBJECT:

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Jami Tirmidhi Kitab ul Faraidh

ACKNOWLEDGEMENTS AND SOURCES:

Commentary by Abu Khaleel (Dar us Salam)

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Jami Tirmidhi Kitab ul Faraidh

RECOMMENDED TEXTS TO STUDY WITH THIS BOOK:

Arabic: Al-Sitraji Fi Meerath (Classical text)

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

It is important to learn and teach the laws of inheritance

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

For the daughter is half,

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

We learn about the following shares from this hadith:

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

Born from the same mother

Same father different

Born from the same

Born from the same father

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

Jami Tirmidhi - Book 29, Hadith 2242

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Jami Tirmidhi Kitab ul Faraidh

The hadith points out the presence of residual heirs

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

This is a daif hadith and cannot be used for formulating a ruling

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

Maternal Uncle is defined as a heir in various ahadith. He is neither among the

It is mentioned in Surah Anfal, verse 75 that according to the Book of Allah

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Jami Tirmidhi Kitab ul Faraidh

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Jami Tirmidhi Kitab ul Faraidh

this explanation to elaborate the reasons behind these opinions.

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